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Dáil Éireann debate -
Thursday, 11 May 1995

Vol. 452 No. 7

Written Answers. - Referendum on Bail Laws.

Mary Harney

Question:

11 Miss Harney asked the Minister for Justice if it has been decided to hold a referendum to reform our bail laws. [7519/95]

Noel Dempsey

Question:

12 Mr. Dempsey asked the Minister for Justice when the Government decided to hold a referendum on bail laws; the Government decision number which applies in this case; and the date of that decision. [6371/95]

I propose to take Questions Nos. 11 and 12 together.

The Government's policy documentA Programme of Renewal provides for “an examination by the Law Reform Commission of legislation to allow courts to refuse bail where the court considers it desirable to do so”. When I took up office, I asked the Attorney General to ensure that the Law Reform Commission's review takes into account the terms of the Programme for Government.
As I explained in my contribution to the Second Stage debate on the Criminal Law (Bail) Bill last week, all of the advice that is available to me indicates that any effective change to the bail laws will require a constitutional amendment. I am awaiting the Law Reform Commission's report, but, in the meantime, I am also having work done in my Department in preparation to bring proposals to Government. It is clear that no Government decision has been made because I have not brought any proposals to them yet for the reason I have given.
For the information of the House, 4,416 crimes were committed by people out on bail in 1994, which figure is up from 2,495 in 1990.
The three Garda associations whose annual conferences I have recently addressed have called for constitutional changes.
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